AGENDA DATE: 12/9/2015
TITLE:
Title
County Code Regulations Regarding Applications for Rezonings and Special Use Permits
BODY
SUBJECT/PROPOSAL/REQUEST: Resolutions of Intent to amend County Code regulations regarding applications for rezonings to amend proffers that do not affect use or density, and to amend the definition of "owner"
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Foley, Walker, Davis, Kamptner, Graham, Cilimberg
PRESENTER (S): N/A
LEGAL REVIEW: Yes
REVIEWED BY: Thomas C. Foley
BACKGROUND: Virginia Code ? 15.2-2302 authorizes the Board to waive the requirement for a public hearing when an applicant for a rezoning seeks only to amend existing proffers that do not affect use or density. County Code ? 18-33.7(f) implements Virginia Code ? 15.2-2302 and allows applications to first come to the Board to decide whether to require the Planning Commission to hold a public hearing, whether to refer the application to the Planning Commission at all, and whether the Board will require itself to hold a public hearing on the application.
Albemarle County Code ? 18-33.4 authorizes an "owner" to apply for rezonings and special use permits, which is defined in Albemarle County Code ? 18-3.1 as the fee simple owner of the parcel to which the application pertains. It has become apparent from a recent inquiry from an electric utility interested in upgrading its electric transmission lines that the definition may be too restrictive where, as in the case of the electric utility, the prospective applicant is an easement holder seeking a special use permit for a use allowed by the deed of easement. Without the amendment, the owner of the fee simple interest in a parcel retains complete control over how the easement lands may be used under the Zoning Ordinance, even though the owner previously sold the property right to the easement holder to use the easement lands for a particular purpose.
STRATEGIC PLAN: Goal 2. Critica...
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